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40. All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No construction shall be allowed on State or Federal Holidays, Saturdays, or Sundays. The Director of Community Development may allow earlier "start times" or later "stop times" for specific construction activities (e.g., concrete pouring) if it can be demonstrated to the satisfaction of the Director of Community Development that that the expanded construction hours are necessary (e.g., the concrete foundations need to be poured early due to weather conditions). All construction equipment must meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site. 41. The applicant/developer/responsible party shall create and complete a "Conditions of Approval" checklist indicating that all conditions in Exhibit A have been satisfied, incorporated into the plans, and/or addressed. Said checklist shall be attached to all plan checks submitted for review and approval by the City prior to issuance of permits. Agreements and Legal Documentation 42. At the time of recordation to subdivide the project site into 11 parcels plus one common area parcel, the applicant/project developer shall record Conditions, Covenants and Restrictions (CC&R's) which shall create a maintenance association for the development. The type of association established shall be subject to the approval of the City Engineer and Director of Community Development prior to submitting a final subdivision map. The association shall be responsible for the maintenance of all common utilities and stormwater treatment measures/areas, common access driveway and parking, landscaping shown on sheet L1 of Exhibit B, and irrigation. The buildings, private rear and side yard landscape behind fencing, and lot-specific drainage shall be the responsibility of the individual owner for the lot. The CC&R's shall be subject to the review and approval of the City Attorney prior to recordation of the final map. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the association. 43. The recorded deed of sale for all lots covered by this PUD Development Plan approval shall include separately recorded disclosure statements or restrictive covenants indicating the following: a. That the property is in an area subject to noise, activity, and traffic impacts associated with a Downtown location. b. The adjacency of the Union Pacific Railroad and possible noise, including noise from train whistles and horns, and vibration impacts from said railroad. c. That additions/modifications to the structures and garages are prohibited. P16-1201, P16-1202 & PUD-120, Catalyst Development City Council Page 9 of 30